Weast v. Family Dollar Distribution Center

Filing 36

ORDER denying 33 Plaintiff's Motion for Reconsideration of the Court's Order striking from the record letters attached to Plaintiff's complaint which included offers of settlement. Signed by Judge James M. Moody on 3/11/2010. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION BROCK WEAST VS. 3 :09CV00196-JMM DEFENDANT PLAINTIFF

FAMILY DOLLAR DISTRIBUTION CENTER ORDE R

Pending is Plaintiff's motion for reconsideration. (Docket # 33). Plaintiff asks the Court to reconsider its Order striking from the record letters attached to Plaintiff's complaint which included offers of settlement. Plaintiff's complaint states: "Family Dollar Inc./Distribution Center counselor confessed to damages and did not want to go to court told Plaintiff thanks for returning last week settlement letter." ( Amended Complaint ¶22). Fed. R. Evid. 408 expressly excludes evidence pertaining to settlement discussions and offers to compromise when offered to prove liability. The letters between the parties are inadmissible for the purposes offered by Plaintiff and were properly removed from the record. Plaintiff's motion is DENIED. IT IS SO ORDERED this 11th day of March, 2010.

_________________________________ James M. Moody United States District Judge